1903 









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Book_ ■A4-____^ 






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h\.fis^'i -f^^y 



A \/V S 

OF THE 

STATE OF VERMONT 

iSH AND GAME 

Chapter 1 89, Vermont Statutes . 

WITH ADDITIONS AND AMENDME3NTS MADE ! V m Ts 
OF THE LEGISLATURE DtrPJNG THE SE -i . - 

OF 1896-1898-1900-1902. 



Hunters and bportsmen, Wiiidtas ana Guides arc urged lo umkc 
themselves, familiar with them, and to report all violations to the 
Fish and Game Commissioners: 

_ HENRY G, THOMAS, Stowe, 
E. A. DAVIS, Bethel. 




L_ ANA/S 

OF THE 

STATE OF VERMONT 

RELATING TO 

nSH AND GAME 

Chapter 189, Vermont Statutes. 

AVITH ADDITIONS AND AMENDMENTS MADE BY ACTS 
OF THE LEGISLATURE DURING THE SESSIONS 

OF 1896-1898-1900-1902. 



^// 



Hunters ami Sportsmen, Wardens and Guides are urged to make 
themselves familiar with them, and to report all violations to the 
Fish and Game Commissioners: 

HENRY G. THOMAS, Stowe, 
E. A. DAVIS, Bethel. 




VERGENNES, VT.: 
ENTERPRISE AND VERMONTER PRESS, 
■<" . , . ,1903. 



%^." 



s^V^ 



INSTRUCTIONS TO FISH AND 
GAME WARDENS. 



1. Appointments of wardens by the 
Commissioners will be made in duplicate. 
One copy should be immediately filed with 
the town clerk. Appointments by the 
Selectmen should be in writing and filed 
with the town clerk. The town clerk 
should notify the Commissioners in order 
that they may supply the warden with 
proper documents. 

2. No oath of oflBce is required. 

3. Wardens should make immediately a 
memorandum of all facts connected Avith 
violations of the law that come to their 
knoAvledge ; such as the date, offense com- 
mitted, place of the violation, the name of 
the waters and town, the names of all 
witnesses, and the name of the party viola- 
ting the laws, if known. 

4. A Avarden may arrest, Avithout a 
Avarrant, any persons caught in the act of 
violating the game laws. For example : 
A man having in his possession trout under 
six inches, or having, during the close sea- 
son, a partridge, would be in the act of 



violating the game laws, and subject to 
arrest without warrant. Arrests may be 
made on Sunday. After the arrest wardens 
should follow the provisions of section 
457 o V. S. on i)age 14. 

5. ^Vhen a violation of the law has 
taken place and arrest has not been made 
on view, as provided in the preceding in- 
struction, then complaint should be made to 
a grand juror or state's attorney who will 
cause a warrant to be issued. This war- 
rant must be served by some officer 
authorized to serve a criminal process. A 
warden is not such an officer. 

6. In important cases, where there is no 
danger that the parties will run away, it is 
often best to report all the facts called for 
in paragraph o, either to the state's attor- 
ney of the county where the violation was 
connnitted, or to the lish and game com- 
missioners. The commissioners should 
always be notified of the circumstances of 
case, with the name of the officer connected 
with the prosecution, etc. 

7. A person under arrest should be im- 
mediately taken before a justice and tried, 
or placed under bonds to appear upon a 
certain date. 



8. All fish and game illegally caught or 
killed is the property of the State (Section 
46'24) and should be held by the warden. 
In no case should the fish and game illegally 
taken be returned to the respondent. The 
disposal of such property, not provided for 
by law, should aAvait the instructions of 
the fish and game commissioners, and in 
important cases it will be well to commu- 
nicate with them by telegraph or telephone. 

9. It is not lawful to take ti'out under 
six inches from the waters of the State for 
purpose of stocking private preserves or 
any other purpose. 

10. It is unlawful to fish streams which 
have been posted l)y the Commissioners 
and advertised as closed, notwithstanding 
the fact that the posters may have been 
destroyed, maliciously or otherwise. 

11. Wardens should see that they re- 
ceive half of the fines in cases where con- 
viction follows their complaint to the prose- 
cuting officer. 

12. It w^ould be well to keep a diary of 
all events, such as seizure of set lines, nets, 
etc. 

13. The law names certain conditions 
under which packages, barrels, baskets, etc., 



6 



containing fish may be examined, forcibly 
if necessary. Note particularly section 
4576 of chapter 189, and No. 35, Acts of 
1896. Law abiding citizens will usually 
show their catch or game if properly ap- 
proached on the subject. When satisfied 
that a party has upon his person fisli or 
game illegally taken, arrest him and seize 
the fish or game illegally possessed. 

14. The foregoing instructions are the 
result of various inquiries from wardens, 
from time to time. Do not hesitate to 
write the commissioners whenever any 
question comes up that you would like to 
have settled. Remember that you are an' 
officer of the State, and so comport your- 
self with dignity, not allowing any personal 
feelings for or against a person to influence 
you in the execution of the duties of your 
office. 

If any state's attorney, grand juror, jus- 
tice of the peace, or other officer declines to 
attend to your case, write all the circum- 
stances to tlie fish and game commissioners. 

HENRY G. THOMAS, 

Stowe, 

E. A. DAYIS, 

Bethel. 



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9 

Chapter 189, with Acts of 1896, 1898, 1900 
and 1902. 



Preservation of Fish, Game and Birds. 



DEFTNITIOXS. 

Se<'. 456ti. Words and phrases used in 
this cliapter shall, unless inconsistent with 
the context, mean as folloAvs : 

Angling: taking fish with hook and line, 
or not exceeding two rods or lines with 
hooks attached, held in hand, and not in- 
chiding set lines. 

Close season : that period of time during 
which an act is prohibited. 

If an act is prohibited between two dates, 
the prohibition shall include the first but 
not the last date. 

Private preserve : a naturaJ pond, of not 
more than twenty acres, belonging to a 
common owner, or any artificial pond made 
solely for the purpose of fish culture. 

Posted Waters: all waters on lands 
posted as provided in this chapter. 

Public Waters : all waters over wiiich 
the State has jurisdiction, except private 
preserves and posted waters. 



10 



FISH AND GAME COMMISSIONERS. 

»ppoiNTMENT, Sec. 45(58, as amended by No. 128, Acts 
rERM OF OFFICE. ^j ^g^^^^ rpj^^ Govemor, duriiig the month 

VACANCY. ' <^ 

of November, 1900, shall appoint two fish 
and game commissioners, the first to hold 
ottice for two years, and the second for four 
years from the first day of the following 
December, and biennially thereafter he shall 
api)oint one member of the board for four 
years. The Governor shall select one of 
said commissioners as superintendent of the 
fish hatchery at Roxbury. Vacancies in 
the said office of fish and game commission- 
er shall be filled by the Governor. 
Se<'. 45(54. Terminated. 
POWERS, i^Kc. 45()5. The fish and game commis- 

sioners may confer Avith the fish commis- 
sioners and fish and game commissioners 
of other States and Canada ; direct, in their 
discretion, the construction of fish ways, 
and, at the expense of the State, introduce 
trout, shad, salmon, and other good varie- 
ties of fish into such streams, lakes and 
j)onds within the State, not private pre- 
serves or posted waters, as they deem suited 
to the successful cultivation of fish; and 
for this and other purposes shall have the 



DUTIES. 



11 



sole conduct and control of such fish hatch- 
ing stations as are now owned or ojierated 
by the State, and such as may be hereafter 
established ; and may make all rules and 
reg-ulations necessary for the distribution 
of the product of such stations. 

Sec. 4560. They shall adopt suitable repo 
measures to secure the enforcement of the 
laws relating to the i)r()tecti()n of fish and 
game, and make a biennial report to the 
Governor, containing a record of their acts, 
expenditures and receipts, and such recom- 
mendations respecting the preservation and 
l)ropagation of hsh and game as they deem . 
advisable; the expense incurred under the 
provisions of this chai)ter, excei)t such as 
may be permitted l)y law in the conduct 
and control of such hsh hatcliing stations, 
shall not exceed two thousand dollars an- 
nually. 

Sec. 4567. Waters stocked by the fish •'"bl.c waters 
and game commissioners shall thereafter be 
treated as public waters, but any person 
who might otherwise make the same a i)ri- 
vate preserve or posted wateis, may do so 
at the expiration of five years from the date 
of filing with the fish and game commis- 
sioners a written notice of his intention so 



WHAT ARE. 



12 

to do. Such notice shall contain a descrip- 
tion of the stream, portion of stream or 
pond so intended to ])e made a private pre- 
serve or posted ^v■ater, and shall he kept in 
the tiles of the tish and game commissio- 
ners. 
FISHING IN, Skc. 4r(»S. Wlien the hsh and game 

PHOHiBiTEo. eymmissioners i)lae'e iish in a pond or stream, 

HOW, PENALTY. i ^ ' 

they may prohihit hshing therein, or in 
s})e('iiied portions thereof, for a period not 
exceeding three years, hy posting notices 
to that effect conspicuously u])on the hanks 
thereof, and })ul)lishing such notice three 
weeks successively in a newsi)aper puhlished 
in the county where such Avaters are lo- 
cated ; if a j)erson iishes, or attempts to fish 
in such waters within the time specified, 
lie shall he fined fifty dollars, if prosecution 
is commenced within six months after the 
oft'ence is committed. 
RIGHT TO TAKE Skc 4509, as amcuded hy scctlou 1, No. 
1*^,96, Acts of 189S. The fish and game com- 
missioners may take fish in public waters, 
and the owners of private preserves may 
take fish in their preserves at any time, and 
in such manner as may be most convenient 
for the purposes of propagation, dissemina- 
tion or science; and trout hatched artiflc- 



FISH, FOR WHAT 
PURPOSE 



13 

ially and grown in artificial pools may be 
taken and sold by the owner from the first 
day of February in each year to the end of 
the close season. 

FISH A XI) <;ame avardens. 

Sec. 4570. The selectmen may appoint*''''°'N™ENT: 
and remove at pleasure, fish and game war-"^""^*^" 
dens who shall be residents of the town. 
Whenever in the judgment of the fish and 
game commissioners, the enforcement of 
the provisions of this chapter will be better 
secured thereby, they may appoint and re- 
move at pleasure fish and game wardens in 
any town. 

Sec. 4571. The term of office of all fish ^erm of office 
and game wardens shall expire on the first BMNTRmL'" 
Tuesday of March in each year. Theii' ap-™""^ f^": 
pointment shall be in writing, and filed inllt """' 
the office of the clerk of the town where 
such warden resides ; and the town clerk 
shall, immediately upon the appointment or 
removal by the selectmen of any fish and 
game warden, notify one of the fish and 
game commissioners thereof in writing. 

Sec. 4672. Appointments of fish andAPPoiNTMCNi, 
game wardens shall be substantially as f ol- reIJcation, 
lows: "°^'""°" 



GIVEN. 



ARREST, 
I'KOCEEOINUS. 



14 



We and selectmen 

of the town of Vermont (or 

fish and game commissioners,) hereby con- 

stitnte and appoint resident in 

the town of a fish and game 

warden within and fc>r the State of A^ermont, 
to hold office for the period ending on the 
first Tnesday of March, next, unless before 
that date removed. 

Dated this day of A. I)., 

, selectmen of 

(or fish and game commis- 
sioners.) 

When the appointment of a fish and game 
warden is revoked, a written notice shall be 
given to such warden and a copy thereof 
filed in the office of the clerk of the town 
where he residg^. 

Sec. 45? 3. Fish and game wardens may 
arrest on view , in any place in the State, a 
person found violating any of the provisions 
of this chapter, and retain him in custody at 
the expense of the State, until opportunity 
is given to a complaining or informing offi- 
cer to institute a prosecution against such 
offender ; and a fish and game warden mak- 
ing such arrest shall immediately give no- 
tice to the grand juror of the town, or the 



15 

state's attorney of the county, in which 
such offence was committed, or if the offence 
was committed in an unorganized town or 
gore, to the grand juror of an adjoining 
town, or the state's attorney for the county 
and explain the nature and circumstances 
of the offence charged ; and such complain- 
ing or informing officer shall forthwith hie 
a complaint or information against such 
offender and prosecute the same. 

8ec. 4574. If a fish and game warden violations; 
has notice that there has been a violation in '"'"'"'^ ''"°"'- 
his town of any of the provisions of this 
chapter, he shall forthwith inquire into the 
same, and he may investigate any violation 
of the provisions of this chapter in any place 
in the State ; and if he finds that there has 
been a violation of any of the provisions of 
this chapter, he shall state the nature and 
circumstances of the offence to the grand 
juror of the town or state's attorney of the 
county in which the offence is l)eheved to 
have been committed, who shall prosecute 
the offender. 

Sec. 4575. In prosecutions under the fine, disposal of 
two preceding sections, the fish and game 
warden shall receive one-half of the fine 



16 

and the remainder of the fine shall go to 
the State. 
SEARCH; SEIZURE; Sec. 457B. A fisli and game wRi'dcn maj 
PROCEEDINGS, ^pp,-, ^j^y ^^^^ baiTcl OF othcv receptacle 
found in any vehicle of transportation, in 
any place other than the dwelling house or 
immediate dependencies thereof of the per- 
son having possession or control of such box, 
barrel or other receptacle, if he has reason 
to suspect that black bass, i)ike, Avall-eyed 
l)ike, shad or other fish illegally caught in 
the waters of the State are contained there- 
in ; and may seize any black bass, pike, 
wall-eyed pike, shad or other fish by him so 
discovered ; and if he is satisfied that the 
same were caught in the waters of this 
State in violation of law, he may sell the 
same and pay the proceeds arising there- 
from to the clerk of the county in which 
such seizure was made, one-half to go to 
such warden, and the other half to the 
State. 

FISH. 

PENALTY FOR TAK- ^j,^,^;^ 4577, as amcuded by Section 2, No. 

ING TROUT, SAL- ^ ,^ » , p ^ . . /^ o TC j 1 

MONORLONCE. ^^^ ^cts of 1S98. If a person takes or 
catches a trout, land-locked salmon, salmon 
trout or longe in any of the waters of this 
State or has in his possession any such fish 



ING FISH UNDER 
SIX OR TEN IN- 



17 

so captured between the first day of Sep- 
tember and the first day of May following, 
he shall be fined not more than ten dollars 
for each fish so taken, caught or possessed, 
but the provisions of this section shall not 
apply to trout hatched artificially, and groAvn 
in artificial pools taken by the owner be- 
tween the first day of February in any year 
and the end of the close season. 

8ec. 4578, as amended by No. 91, Acts offtNAiTYfOR tak 
1898. If a person takes or catches from 
any of the waters of this State a brook '^"^s. 
trout, rainbow trout, Ijrown trout, or Loch 
Leven trout, less than six inches in length, 
or a black bass less than ten inches in 
length, or a land-locked saimon, or salmon 
trout, or steel-head trout less than twelve 
inches in length, and does not immediately 
return the same, with the least possible in- 
jury, to the waters from which it was taken 
or caught, or has in his possession any 
brook trout, rainbow trout, brown trout, or 
Loch Leven trout less than six inches in 
length, or black bass less than ten inches in 
length, or land-locked salmon, or salmon 
trout, or steel head trout less than tAvelve 
inches in length, so taken or caught from 
any of the waters of this State, he shall be 



PROTECTION OF 
BLACK BASS, WALL 



PERCH AND MUS- 
KALONGE, 



fined not less than one dollar nor more than 
ten dollars for each fish so taken, caught or 
possessed ; and possession of any such fish 
shall be prima facie evidence that the same 
was taken or canght from thcAvaters of this 
State. 

Sec. 4579, as amended by No. 9o, Acts of 
EYED PIKE, WHITE l'^9<s. If a pcrsou, between the first day of 
■January and the fifteenth day of June, takes 
or catches a black bass in any of the waters 
of this State, or has in his possession any 
black bass so taken, he shall be fined five 
dollars for each fish so taken, caught or 
possessed. If a person between the first 
day of January and the first day of May, 
takes or catches a wall-eyed pike or pike 
perch in any waters in this State, except 
Lake Champlain, or has in his possession 
any such fish so taken, he shall be fined 
five dollars for each fish so taken, caught or 
possessed. If any person between the 
fifteenth day of April and the fifteenth day 
of June takes or catches a white perch or 
muskalonge in any waters of this State, 
except Lake Champlain, or has in his pos- 
session any such fish so taken, he shall be 
fined five dollars for each fish so taken, 
caught or possessed. 



19 

Sec. 4580. No person shall shoot anysHooTiNGnsH m 
fish in Lake Bonioseen, Lake St. Catherine ^'^^''J^^erinT' 
or Lemon Fair above the mill dam at Kich-*ND lemon fair 
ville, or in any tributary of either of such"°"'^'^"' 
bodies of water. 

Sec. 4581, as amended by No. 101 Acts"^'^'^'"'^^"^^ 

' "^ IN SVMS PONO, 

of 1902. No person shall catch pickerelTicKEL-NECKEo 
with hook and line, trap or net, or shoot ov'''' ''° '''' 

' ^ ' POND REGUUTEO. 

spear such fish in Syms Ponds, or waters 
connecting therewith, or in Ticklenecked 
Pond in the town of Ryegate, or in Eden 
Pond in the town of Eden, or in Great 
Hosmer Pond in the towns of Craftsbury 
and Albanj^ from the first day of October 
in one year to the fifteenth day of June in 
the following year. 

Sec 4582. A person who violates any penalty. 
provision of the two preceding sections 
shall be fined five dollars for each fish so 
taken or caught. 

Sec. 4583. If a person takes or catches .NgfisH except 
a trout, land locked salmon, salmon trout^^^NGUNGOR 
longe, black bass or muskalonge, in any of 
the waters of this State, except by angling, 
or catches black bass, muskalonge, pike, 
pickerel, or wall eyed pike ( pike perch ) in 
any of the waters of this state, except by 
angling, or fishing through the ice with not 



FISHING ON THE 
ICE. 



20 

more than fifteen tended lines, he shall be 

fined five dollars for each fish so taken or 

caught. 

FISHING THROUGH Sec. 45S-j, as amcndcd l)y Xo. 75, Acts 

ICE, ONWH.T (,f |9||<,_ If .^ person fishes through the ice 

WATERS PROHIB- . ^ 

iTEo. in any of the water in this State inhabited 

by trout, sahnon trout, longeor land locked 
salmon, or sets or uses any device or means 
for catching fish in waters inhabited by 
trout, J and locked salmon, salmon trout, 
longe, other than by angling, except in fish- 
ing through the ice as provided in the pre- 
ceding section, shall be fined ten dollars. 

Section 2. Any warden or other person 
discovering any device in use, or intended 
for use, contrary to the provisions of the 
preceding section may seize and destroy 
the same on sight. 

Sec. 4585. If a person catches, kills or 
destroys, or attem[)ts to catch, kill or des- 
troy fish in the waters of this State, by the 
use of gunpowder, dynamite or other ex- 
plosive material, he shall be fined one hun- 
dred dollars, or be imprisoned not more 
than ninety days, or both. 

EXCEPTION AS TO ^y^c. 45SG. Notliiug lu this chapter shall 



PENALTY FOR KIL- 
LING FISH BV EX- 
PLOSIVES. 



SHOOTING PICKER 



piKEOR li^e construed to prohibit the shooting of 
LICENSED FISHIN6 pickerel or pike (not wall-eyed pike) be- 



EL AN 



21 

tween sunrise and sundown, with a gun 
held to the shoulder, between the fifteenth 
day of March and the first day of May, or 
fishing with seines under license from the 
fish and game commissioners as provided 
in this chapter. 

Sec. 4587. No fish shall be taken by taking bvoraw- 
shuttino^ or drawing? off the water for that'll""""" 
purpose, and any person violating the pro- penalty. 
visions of this section shall be fined not 
more than five dollars for each fish so 
taken, but the fine in any one case shall 
not exceed one hundred dollars. 

Sec. 4588, as amended by No. 90, Acts obstructing the 

ir\n r£ 2- • i i • xi • passage of fish-. 

'96. If a person, except as provided m thiSp^^^LTYANOTo 
chapter, by a screen or other device for regelate the 
that purpose, so ol)structs au}^ stream, or 
the outlet or inlet to any natural pond, or 
the outlet or inlet to any artificial pond on 
a public stream, as to prevent the free 
passage of fish, he shall be fined twenty 
dollars for each offense, and five dollars for 
each day such screen or other obstruction 
is continued, after written notice by a fish 
and game commissioner, or fish and game 
warden, is given to such person, requesting 
the removal of the same ; but the fish and 
game commissioners may in writing au- 



PLACING OF FISH 



22 

thorize the' placing of screens to prevent or 
regulate the passage of fish, and revoke 
such authorization at their discretion, and 
any expenditure made in the making and 
placing of screens under permission of the 
fish and game commissioners shall in no 
wise affect the right to revoke such author- 
ization to summarily remove or require the 
removal of such screen. Before an order 
authorizing the placing of screens or revok- 
ing such order, shall take effect, such order 
or duplicate thereof, signed by the fish and 
game commissioners, shall he filed in the 
office of the town clerk of the town where 
such screen is to be placed or removed. 
Approved November 24, 1896. 
PLACING DRUGS OR [^Ec. 4589. If a pcrsou places in the 
[firpENAmEs. waters of this State, lime, creosote, India 
Coccle (Cocculns Indicus), or other drug or 
poison, destructive to fish, he shall be fined 
not more than twenty dollars and not less 
than ten dollars. 
PiKEORPicKEREi, Sec. 4590. If a person engages in the 
stocking of any of the waters of this State 
with pike (not wall-eyed pike) or pickerel, 
he shall be fined not more than five hun- 
dred dollars and not less than one hundred 
dollars, or imprisoned six months, or both. 



STOCKING WATERS 
WITH; PENALTIES. 



23 

Sed. 4591. If a person is found on anyuNuwfULOE- 
of the waters of this State or the ^^-iOYesl2'lll'''''' 
thereof, having' in his possession, or underpoR having near 
his control, a net, fish trap, spear, .i^ck,*"^^''^^^^'^^'^^" '" 
light, gun or other instrument or device, 
with the intent to use the same contrary to 
law for the capture offish, he shall be lined 
not exceeding one hundred dollars, or im- 
prisoned not more than thirty days, or both. 

Sec. 4592, as amended by No. 97, Acts fishing with 

i? /rvo -TJ: 1 • • NET, SIINE, ETC., 

of '98. If a person use, have ni possession ^^^^^^^ 
with intent to use, or furnish for use, for 
fishing, in the waters of this State, a pound- 
net, trap-net, seine, gill-net, set-net, fyke, 
fishing otter, trawl, or any electrical device 
for killing or stunning fish, he shall be 
fined one hundred dollars. 

Sec. 4593, as amended by No. 79, Acts^cEPTioN. 
1900. The provisions of the two preced- 
ing sections shall not apply to the use of 
nets, not more than seventy-five feet in 
length, for taking minnows in waters not 
inhabited by trout. 

Sec. 4594, as amended by No. 98, Acts """in devices 

,r\0 Ti? T 1 . SET FOR fISHING, 

'98. It a person discovers a pound-net^ seizure anodes 
trap-net, seine, gill-net, set-net, fyke, set- ^"""'0"= TO"'" 
line, fishing-otter, trawl, or any electrical 
device for catching or stunning fish, set for 



CLERK; PROCEED- 
NGS; BOUNTV. 



24 



fishing, or in the possession or under con- 
trol of a person having them, with the in- 
tent, to use for fishing, or under circum- 
stances that show they have just been or 
are about to be used for fishing in the 
waters of this State, he may seize and des- 
troy the same, or may seize and deliver a 
pound-net, trap-net, seine, gill-net, set-net, 
or fyke so discovered, to the town clerk of 
the town where such seizure occurs, within 
three days after such seizure; the toAvn 
clerk shall retain such nets subject to the 
order and disposal of the fish and game 
commissioners, and ui)on satisfactory proof 
that such net was in good faith discovered 
and seized by such person, w^hile in posses- 
sion or under control of a person having 
the same with intent to use for fishing or 
under circumstances showing it has just 
been or is about to be used for fishing or 
placed for use in violation of the provisions 
of this chapter, and upon payment to him 
by such [)erson of one dollar for each net 
so delivered, he shall make and deliver to 
such person an affidavit attesting the de- 
hvery of the net so seized and certifying 
the kind and size' of the same; upon the 
presentation of such aflidavit, to the State 



25 



auditor he shall draw an order upon the 
State treasurer in favor of the i)erson 
named in the same as follows : For each 
gill-net, set-net, and seine less than one 
hundred feet in length, three dollars ; for 
each fyke with hoops less than four feet in 
diameter, and for each seine and gill-net 
over a hundred and under two hundred feet 
in length, live dollars ; for each trap-net 
under live feet, for each fyke with hoops 
over four feet in diameter, for each seine 
and gill-net over two hundred and undei* 
three hundred feet in length, seven dollars 
and fifty cents ; for each trap-net over hve 
feet and for each seine and gill-net over 
three hundred feet in length, ten dollars ; 
and for each pound-net, fifteen dollars. 

Sec. 8. Nothing in these two sections 
(4592 and 4594) shall aftect the use of 
seines under license of the fish and game 
commissioners. 

Sec. 4595. All sums of money received pRocfEos of 
by the fish and game commissioners for 
fishing devices so seized and disposed of by 
them shall be paid to the State Treasurer. 

Sec. 4596, as amended by No. 76, Acts private pre 
1900, and No. 66, Acts 1902. If a person 
catches, kills or destroys fish in private 



SUCH SEIZURE, 
DISPOSAL OF. 



SERVES ; PENALTY 
FOR FISHING IN. 



2L» 

preserves, or posted waters, without the 
consent of the owner thereof, he shall be 
fined five dollars for each fish so caught, 
killed or destroyed. 

Sec. 4597. As amended by No. 66, Acts 
1902. A i^erson so engaged in the culture 
of fish in private j^reserves, may post notices 
on the premises prohibiting fishing thereon. 
If a person, after such notice is posted, 
enters upon such premises and catches fish, 
or fouls the waters thereof with any subs- 
tance injurious to the life and growth of 
fish, or breaks or destroys a dam, reservoir 
embankment, or diverts the water, or will- 
fully does any damage to said premises, 
he shall be fined not less than twenty 
dollars and not more than one hundred 
dollars, or imprisoned not more than six 
months, and shall also be liable to the owner 
thereof for damages. 

Sec. 4598. No action shall be main- 
To REACH PUBLIC tained against a person for crossing uncul- 
WHEN; COSTS, tlvatcd laud to reach public waters for the 
purpose of taking fish, unless actual damage 
has been sustained ; and in all actions 
brought to recover damages for crossing 
land to reach public waters for such pur- 
l)ose, the costs shall not exceed the damages 



CROSSING UNO 



recovered, if such damages do not exceed 
ten dollars. 

Sec. 4599. Repealed by No. 102, Acts 
'98. 

Sec. 4G00, as amended by No. 102, ActscoMMissioNiRs 
'98 and No. 80 Acts of 190(). The fish and"" '^^"^ '' 

FISH WITH SEINE 

game commissioners shall issue permits toiNUKEscHAM 
residents of this State to fish with a seine ''^"*'*° '*"*' 

PHREMAGOG, 

in the waters and upon the shores of Lake when. 
Champlain and Lake Memphremagog from 
the first day of October to the first day of 
December in each year, (and upon the 
shores of Missisquoi Bay, a part of Lake 
Champlain, north of a line draAvn from the 
south end of Hog Island, so-called, due 
west to the Alburgh shore, for one year 
from the time of issuing such licenses, at 
such times in said year, and at such points 
as the commissioners shall in such license 
designate), and such licenses shall be 
granted with special reference to the laAA's 
of the Dominion of Canada on the same 
subject and in a manner best suited to give 
residents of Vermont the same rights and 
privileges Avith respect to seine fishing in 
said lakes and on the shores of said bay as 
are enjoyed by persons fishing with seines 
under the laws of the Dominion of Canada. 



IN UKE 

CHAMPLAIN WITH 
SET LINES, WHEN 
HOW. 



28 



Section 2. The Fish and Game Com- 
missioners shall extend the time limited in 
licenses issued under the preceding section 
Avhenever they have reason to believe, and 
do believe that tlie Canadian Department 
of Marine and Fisheries have extended, or 
are to extend the time limited by the 
licenses issued by authority of said depart- 
ment or allow seine fishing beyond the 
time limit named in such Canadian licenses. 

Sec. 4001, as amended by No. 92, Acts 
'90. The fish and game commissioners may 
issue permits to residents of this State to 
fish Avith set-lines not exceeding seventy- 
five feet in length, in the waters of Lake 
Champlain at such times and places, and 
under sucli conditions as they deem best, 
having in view the ju'eservation of fish in 
such lake and the collection of information 
relative to fish therein. No live-bait shall 
be used on set-lines except angle worms. 

Sk<". ;>. The fish and game commis- 
sioners are authorized to negotiate with the 
Canadian department of marine and fish- 
eries with reference to making the rights 
of Canadian and Vermont fishermen on 
Lakes Champlain and Memphremagog iden- 
tical so near as may be. 



29 

Sec. 46U2. Such commissioners yhall"*^^^ """x^"' 

... 1.1- RESTRIuTION 

make such restrictions in regard to tishmg under license. 
under licenses as they deem necessary, and 
insert the same in the license, togfthcr 
with the name of the licensee and the num- 
ber of the license, which shall he valid only 
for the person, time and place named there- 
in, and may at any time he revoked by the 
commissioners, who, in their discretion, 
may refund to the licensee the proportion 
of the license fee for the unexphed term. 

Sec. 4608. The fee for such licenscFEE for license. 
shall he established by the commissioners 
upon such basis as they deem just, not ex- 
ceeding twenty dollars, and shall be uni- 
form throughout the calendar year. 

Sec. 4604, as amended by No. 129 Acts ^ee, how 
1900. The fees for such licenses shall 1,^°'^"'^^'°°" 
paid to the State treasurer. 

Sec. 4605. Any hcensee shi})i)ing fish shipping fi^h 
caught under a license, shall ])lahdy mark""'^"'"'"'' 

LICENSE; HOW 

the box, barrel, or other receptacle contain- marked. 
ing such fish substantially as follows : 

Caught by of the town 

of under license No. 

granted the day of 

A. D., 

And the possession of fish so caught and 



LICENSEE TO 
REPORT; PE 



LICENSE TO 
REMOVE APPARA 
TUS, WHEN; 
SEIZURE. 



30 

labelled shall not be presumptive evidence 
that they were caught in violation of law. 

Sec. 4606. A licensee shall, within thirty 
NALTY.^^yg after being requested so to do by the 
fish and game commissioners, or either of 
them, report to such commission his catch 
for the preceding season, giving such in- 
formation as the commissioners require. 
If a licensee fails to comply with this pro- 
vision, he shall be fined ten dollars. 

Sec. 4607. A person fishing under li- 
cense shall, within thirty days after the 
close of any fishing season fixed by such 
license, remove his nets and fishing appara- 
tus from the lake shore, or the same shall 
thereafter be subject to seizure. 

Sec. 4608. If a person permits another 
to fish under a license granted to him, or if 
a person fishes or attempts to fish under a 
license not granted to him or containing his 
name, or if a person labels a box, barrel, or 
other receptacle, as provided in the third 
preceding section, not having a license, or 
if a person sells or offers for sale any fish 
not caught under a license, representing 
that they were so caught, he shall be fined 
one hundred dollars or be imprisoned nine- 
ty days. 



31 

Sec. 4609, repealed by No. 94, Acts '96. 

PROTECTION OF GAME. 

Sec. 4610. If a person kills a rabbit or rabbit, hare: 
hare, between the first day of May and the ''^''*^^^* 
first day of September, he shall be fined 
five dollars for each ral)])it or hare so killed. 

Sec. 4611, as amended by No. 85 Acts beaver, fisher 
1900. If a person kills, catches o]- des troys ^J""' 
a beaver in this State, or has in his posses- poisoning. 
sion a beaver killed, canght or destroyed in 
this State, he shall be fined twen.ty dollars. 

GAME BIRDS. 

Sec. 4612, as amended by No. 107 Acts""*';j;;"" 
1902. No person shall take or kill in this 
State an upland plover between the first 
day of December and the fifteenth day of 
August; or a quail, wild duck, English 
snipe, wild goose or plover other than up- 
land, between the first day of January and 
the first day of September, or any ruft'ed 
grouse (commonly called partridge) or 
woodcock, between the first day of January 
and the first day of September, or a pheas- 
ant or English partridge between the 
twentieth day of November and the first 
day of October; nor shall a person at any 
time within this State take or destroy, or 



32 



WOODCOCK OR 
PARTRIDGE; 
PENALTY FOR 
KILLING OR 
DISPOSING OFi 
WHEN; EXCEP- 
TIONS. 



have in his possession, the eggs of any of 
the birds named in this section ; nor shall 
any person take any birds named in this 
section by means of a snare, net or trap ; 
nor shall any person hunt pheasants or 
English partridges with a dog; nor shall 
any person kill more than five birds of any 
kind named in this section in one day 
except wild duck, or have in his possession 
any birds of the kind named, killed contrary 
to the provisions of this section ; nor shall 
any person kill more than twenty wild 
ducks in one day, or have in his possession 
any ducks killed contrary to the provisions 
of this section. If any person takes or 
destroys or has in his possession the eggs 
of any of the birds named in this section 
he shall be fined ten dollars for each 
oft'ense, and if any person kills or has in his 
possession, contrary to the provisions of 
this section any of the birds herein named, 
he shall be fined ten dollars for each bird 
so killed or possessed. 

8ec. 4613, as amended l)y No. 104, Acts 
'9S. No person shall at any time take, kill, 
purchase or receive, or cause to be taken, 
killed, purchased or received any of the 
birds specified in the preceding section for 



S3 

the purpose of sale ; nor shall any person at 
any time sell or dispose of the same for 
traffic or gain. If a person violates the 
provisions of this section he shall be fined 
ten dollars for each offense, but the fish 
and game commissioners may commission 
persons, for a time specified, reserving a 
power of revocation, to take, kill, capture 
and have in possession any species of birds 
other than domestic, and the nests and eggs 
thereof, for scientific purposes only, but the 
number of such commissions in force at any 
one time shall not exceed five. 

Sec. 4614. If a person shoots or other- protection of 
wise intentionally wounds, entraps, en-' 
snares, or captures a wild or undomesticated 
bird, except quail, woodcock, wild duck, 
Wilson's or English snipe, ruffed grouse, 
plover, pheasant, English partridge, mer- 
ganser, blue heron, bittern, loon, English 
sparrow, crow, blackbird, jay or birds of prey, 
or if a person destroys the nest or eggs of 
any wild or undomesticated birds, except 
the nest or egg of a merganser, blue heron, 
bittern, loon, English sparrow, crow, black 
bird, jay nnd birds of prey, he shall be fined 
five dollars for each ott'ense. 



OTHER BIRDS; 
PENALTY. 



34 



EXPIBEO BY 
LIMITATION. 



H4V1NG FISH OR 
GAME UNUW- 



Sec. 4615, as amended by No. 9o, Acts 
'96, expired by limitation. 

Sec. 4616, repealed ])y No. 98, Acts '9(). 

Sec. 4617 to My2'2 inclusive, )'ci)ealed by 
No. 98, Acts '96. 

(iENEKAF, I'ROVISIONS. 

ARRiER Skc. 462o. If a railroad or ex[)i"ess com- 
pany or other common carrier, oi- any of 
FULLY TAKEN, tliclr scrvauts or agcuts, liavc lu their pos- 
''^'**''^^' session for transportation anv iisli or i^'aine 

EVIDENCE. "^ ^ O 

unlawfully taken or killed in this State 
within the close season foi' such lish or 
game, such railroad or express company, or 
other common carrier, shall be fined not 
more than one hundred dollars for each 
efifense and possessi(m of such hsh or game 
by a railroad or express company, or other 
common carrier, within the close season for 
such fish or game, shall be presum[)tive 
evidence that it was taken in this State in 
violation of law. 
PROPERTY IN FISH Sec. 46'24. No i)erson shall acciuire prop- 

ANO GAME, HOW ^^.^ -^^ ^^J^ ^^^, ^.^^^^^ J^-^^^^^ ^^^. ^.-t p^ ^^j-gfl 

ACQUIRED. • " ^ 

TITLE IN STATE, wltliiu tlils Statc, or subject any of the 
same to his control, save as the same are 
killed or captured within the periods, and 
by the means permitted by law; and unless 
killed or captured as permitted by law, all 



35 

fish and game within the state shall remain 
the property of the State. 

Sec. 4625. Justices shall have concur- jurisdiction. 
rent jurisdiction with the county court to 
the amount of twenty dollars, of offenses 
arising under this chapter, and costs shall 
be taxed against the respondent. 

MISCELLANEOUS. 

Sec. 4(i26, as amended by No. 101, Acts posting und. 
of 189S. If the owner or occupant of en- ■"'"*'''• 
closed land or cultivated land not enclosed 
conspicuously posts notices on the same, as 
hereinafter provided, that shooting, trap- 
ping, or fishing thereon is prohibited, a 
person who thereafter willfully enters upon 
such land without the permission of the 
owner or occupant for the purpose of fish- 
ing, trapping or shooting thereon shall 
f(^rfeit ten dollars to be recovered by the 
owner or occupant thereof in an action of 
trespass in addition to the damage sus- • 
tabled thereby, provided however that this 
forfeiture shall not be recovered against a 
l)erson so entering said land for the purpose 
of fishing unless such owner or occu]>ant 
shall stock and keep stocked at their in- 
dividual expense the waters of said land 



REQUIREMENTS 
OF NOTICE; 



36 

with trout or other fish artificially hatched 
or reared. 

Sec. 4627. Such notices shall not be less 

PENALTY FOR tlian twofcct loiig by one foot wide, and 
posted in two conspienous places on the 
premises, and shall have appended thereto 
the name of the owner or occupant. Such 
owner or occupant may recover against a 
person who breaks down, defaces or injures 
such signboards, ten dollars in addition to 
the damages thereby sustained. 

SETTING BEAR ^j^^,^ 4(328. If a pcrsou sets or causes to 

TRAP. 

REQUIREMENTS, bc sct a bcar trap, he shall build and main- 
PENALTv. |-j^jj^ three-fourths around the same in a 
substantial manner, a railing or guard not 
less than three feet high, and shall protect 
the entrance to such trap against domestic 
animals by placing a pole horizontally, at a 
height of three feet from the ground, across 
the points between which it is designed 
that the bear should enter the trap. If a 
person violates the provisions of this sec- 
tion, he shall be fined not more than thirty 
dollars and not less than ten dollars. 
SPRING GUN, SEi'. 4629. If a person sets a spring gun 

trap, or a trap whose operation is to dis- 
charge a gun or firearm at an animal or 
person stepping into such trap, he shall be 



PENALTY FOR SET 
TING 



37 

fined not more than five hundred dollars, 
and not less than fifty dollars, and shall l)e 
lial)le in a civil action to a person snft'e ring- 
damage to his person or domestic animals 
by such trap for twice the amount (^f such 
damages. 



NUMHEH 35, Acts of 1896. 

an act a^fendino skctiox 1954, vermont 
statutp:s, and providix^ for search 
warrants in enforcement of the fish 
and game laws. 

It is her eh y enacted hy the GeneraJ Assem- 
hly of the State of Verrnont : 

Se(". 1. Section one thousand nine hun- 
dred and fifty-four of the Vermont Statutes 
is amended so as to read as follows : 

A justice may grant a warrant for search- ' 
ing in the day time, a dwelling-house or 
other place, where personal property, 
stolen, eml)ezzled, or obtained by false 
tokens, is suspected to be concealed ; and 
also for searching for counterfeit coin, 
forged or counterfeit bank bills or notes, 
forged or counterfeit public or corporate 



38 



securities, and the tools and|materials for 
such forgery or counterfeiting' ; gaining im- 
plements and apparatus ; obscene books, 
pictures, figures or descriptions, lottery 
tickets or materials for lottery ; fish or 
game believed to have been taken contrary 
to law, or implements or devices foi- taking- 
fish or game, sul)ject to seizure oi- unlaw- 
fully possessed; where the discovery ot 
such articles may tend to convict a person 
of an ofi^'ense. 

Approved November '21, 189(5. 



NUMBER 88. 



AN ACT PROTKCTINii PROPERTY OF THE FISH 
AND <;AME COTSriMISSION. 

ft is hereby enacted hy the <Teiier<(J Assem- 
bly of the State of Vernmnt : 

Sec. 1. No Person shall l)reak, deface, 
injure, remove or tear down a notice posted 
as provided in section four thousand five 
hundred and sixty-eight of the Vermont 
Statutes, or tamper, injure, interfere with 
or remove any implement, fish crate, fish 
screen, or appliance used or authorized -to 
be used, by the fish and game commission- 
ers, the United States fish commissioners. 



39 

or their agents, in the protection, collec- 
tion, retention or propag-ation of fish, or 
regnlation or restriction of their free ])as- 
sag'e ; or remove, deface or injure any de- 
vice furnished or prescrihed by the fish a.nd 
game coniniissioners in regulating or li- 
censing setline fishing; or l)reak or open 
any pond, dam or receptacle in use by the 
fish and game connnissioners, the Ignited 
States fish commissioners oi- their agents, 
for the puri)ose of breeding, propagating or 
retaining fish, fiy or spawn. Any person 
viohiting any of the provisions of this sec- 
tion shall be fined not more than five hun- 
dred dollars, and not less tlian ten dollars. 

SEr. 2. No person shall introduce any introduction of 
fish exce})t trout, salmon, smelt, and min-^'^" prohibited. 
nows into the ])ublic waters of this State, 
frecjuented ])y trout or salmon. Any per- 
son vfolating tlie i)rovisions of this section 
shall be fined not more tlian five hundred 
dollars nor less than fifty dollars. Tliis 
section shall not ai>i)ly to the fisli and game 
commissioners or to a person acting under 
tlieir authority. 

Sec;. 8 The fish and game commission-^^oo.TioNAL 
ers may exterminate destructive fish in such ""^^^s of f,sh 

. , 1 , , , ,, AND GAME COM 

mannei- as they deem proper; they shall „,ssioners. 



40 



have the same powers in any town as the 
fish and game wardens have, and may act 
as complaining and prosecuting officers of 
all oft'ences under this chapter ; in all cases 
so prosecuted, one-half the fines shall be 
added to the annual appropriation for the 
fish and game commissioners, and may be 
expended by them in addition tlieieto. 
Approved November '23, 189(J. 



NT^MBEH 89. 



AN ACT AUTHORIZINO THE FISH AND GAAfE 
COAOriSSlONTERS TO SHOKTEN THE (H'EX 
SEASON IX CERTAIN CASES. 

It is lievfhy enacted hi/ the (ienenil Axsem- 
hly of the State of Venn out: 

!Sec. 1. The fish and game commission- 
ers, upon petition of ten or more citizens of 
the State, after due notice and public hear- 
ing in the locality to be aft'ected, may shorten 
the time for taking certain fish where the 
habits of such fish seem to warrant it ; and 
in such cases they shall advertise and give 
notice of such limitation, specifying the 
waters and fish to which it api)lies, as i)ro- 
vided in section four thousand five hundred 
and sixty-eight of the Vermont Statutes ; 



41 

and said commissioners shall not make said 
order of limitation until the petitioners, or 
some persons in their behalf, have advanced 
to the commissioners fujids sufhcient to pay 
the expense of such notice and advertishig. 
Ai)proved November 23, 1890. 

No. 94, AS AMENDED J5V No. lOS, ACTS '98 

AN ACT REiiULATlNO THE HUNTlNii OF DEEK 
AND PKOniBlTINCi THE KlLLlN<i OF MOOSE 
AND CARIBOU. 

Sec. 1. No person except in the open 
season as hereinafter provided, shall pursue, 
take or kill a wild deer, or have in his pos- 
session a wild deer or part thereof, so taken 
or killed ; and the possession of deer or any 
part thereof, except in the open season, shall 
be prevsumptive evidence that the person 
having- it in his possession is guilty of a 
violation of the provisons of this section. 
No person shall at any time kill any moose 
or caribou, or have in his possession any 
moose or caribou, or part thereof, killed in 
this State ; and having in possession any 
moose or caribou in this State, shall be])re- 
sumptive evidence that the same Avas killed 
in the State contrary to law. 



4-2 



Sec. '2. Deer having horns may be hunt- 
ed and taken in this State dnring- the last 
ten days of October in eaeli year ; but no 
])erson shall hnnt, kill, desti'oy oi- capture 
deer in this State : 

(a) With a dog or dog kind. 

(b) By tlie aid or use of a jack or artifi- 
eial light. 

(c) By the method known as crusting. 

(d) While the deer are yarded, or 

(e) T>y the use or assistance of any snare, 
tra[) or salt lick. 

Sk<'. 8. Xo ])ers(>n during the o]ien sea- 
son of any year shall take, kill, destroy or 
have in i)ossession more than one deer. 

Skc. 4. Deer killed or taken in Ver- 
mont shall not be transported by any per- 
son or cor[)oration, except that the carcass, 
or parts thereof, of one deer, lawfully killed 
in the State, may be transjjorted in the open 
season, and for ten (hiys thereafter when 
o])en to view, tagged and plainly labeled 
with the name of the owner thereof, and 
accompanied by him; and the possession of 
a deer or a part thereof by a common car- 
rier or servant of a common carrier, unac- 
companied ])y the ownei', or not tagged and 
plainly laljeled with his name, shall be a 



48 



violation of the provisions of this section 
by such common carrier and servant. But 
this section shall not apply to the head, feet 
oi* pelt of deer severed from tlie body. 

Sec. 5. A i)erson or corporation violat- 
ing any of the provisions of this act shall 
be fined one hundred dollars for each of- 
fence, one-half of the same to go to the com- 
plainant, the other half to the State. 

Sec. 6. Section four thousand six hun- 
dred and nine, Vermont Statutes, is hereby 
repealed, except that it shall remain in force 
as to all offences committed prior to the 
date the act takes effect, and prosecutions 
therefor, theretofore or thereafter instituted. 

Sec. 7. This act shall constitute a i)ai't 
of chapter one hundred and eighty-nine of 
the Vermont Statutes, entitled, "Preserva- 
tion of llsh, game and l)irds, and destruction 
of obnoxious animals," and shall l)e subject 
to the provisions of said chapter, so far as 
the same are not inconsistent with this act. 

Sec. 8. Dogs of the breed commonly 
used for hunting deer, moose or cai'ibou, 
and dogs of other varieties that are known 
to follow deer, moose or caribou, shall not 
be permitted by the owner or person har- 
boring the same to run at large in the for- 



44 



ests where deer, moose or caribou inhabit. 
If any dog of the breed or variety named 
sliall be found liunting, pnrsuing or killing 
any deer, moose or caribou, or I'unning at 
large in the forests of this State where deer, 
moose or caribou inhabit, it shall be deemed 
jn'iiiia facie evidence of the violation of this 
section by the person owning, having or 
harboring such dog. No person shall own 
or have in his possession any dog for the 
purpose of hunting or chasing deer, moose 
or caribou. Any person may lawfully kill 
any dog found hnnting moose, deer or cari- 
bou, or that is kept fo]- that jmrpose, con- 
trary to the provisions of this section. 



NUMBER 95. 



AN ACT iMioninrrrxii the snaking of GAisrE 

AND SnoOTIXii OK nrcKS with the All) 
OF .JACKS. 

It is Iterehi/ enacted h^j tlw (renerdl Afisent- 
hly of the State of Vermont. 

Se<;. 1. No game for which there is a 
close season in this State, sliall l)e netted or 
snared; nor shall any person possess any 
game so taken, or set any net or snares 
commonly used for taking such game. 



45 



Whoever shall violate or attempt to -violate 
the provisions of this section shall be fined 
ten dollars, and ten dollars additional for 
each animal or bird netted, snared or pos- 
sessed contrary to the provisions of this 
section, and such game may be seized, and 
shall be forfeited to the prosecutor. 

Sec. 2. If a person shoots or hunts wild 
duck with the aid of a torch, jack or arti- 
ficial light of any kind, he shall be fined ten 
dollars, and five dollars additional for each 
bird so taken ; and if a person is found on 
any public waters of this State, or the 
shores thereof, after sundown, with a fire- 
arm and torch, jack or artificial light, it 
shall be presumptive evidence that he is 
violating the provisions of this section. 

Approved November 28, 1896. 



NUMBER 96. 



AN ACT LIMITIN(; I HE KXroKTATlOX OF 
GAMK KIKJ)8. 

It is her eh y enacted hi/ t/ie Genend Assem- 
hhj of the Stdte of Vermont : 

Se<'. 1. No person or cor[)()ration shall 
kill, expose for sale, or have in possession 
at any time, any game bird for which there 



46 

is a close season in this State, except for 
consumption as food within the State. But 
this shall not prevent a person residing out 
of the State from taking game birds in open 
season, and three days thereafter out of the 
State when shipped open to view, tagged 
and plainly labeled with the name of the 
owner thereof, and accompanied by him. 
Any person or corporation violating any of 
the provisions of this section, or any person 
who, not being the actual owner of such 
game birds, to aid another in such trans- 
portation, falsely represents himself to be 
the owner thereof, shall be lined fifty dol- 
lars for each ott'ense ; and the delivery to or 
reception by any person or corporation 
Avithin this State of any such game birds 
for shixmient to a point without the State, 
shall be prima facie evidence that the same 
were killed, and are possessed within the 
State for a purpose other than that of Ije- 
ing consumed as food within the State. 

Sec. 2. This act shall constitute a part 
of chapter one hundred and eighty-nine, 
\'ermont Statutes, entitled, "Preservation 
of fish, game and birds, and destruction of 
noxious animals," and shall l)e subject to 



47 

the provisions thereof, so far as the same 
are not inconsistent with this act. 
Approved November 24, 1896. 

NUMBER V2 

AN ACT FOR THE I'KOTKCTION' OF FISH IX 
LAKE KOMOSEEX. 

It is hereh;/ enncted hi/ the General Assetn- 
hhj of the State of Vermont : 

Sec. 1. No person sliall take or catch 
any fish in Lake Bomoseen in the towns of 
Hubbarclton and Castleton, north of a fine 
running from Stannard's Point on the west 
shore of said lake to a point on the east 
shore tliereof due west from the dwelUng 
house of S. S. Goodwin, between the first 
day of l)ecem])er and the first day of Ai)ril. 

Sec. '2. A person who violates the pro- 
visions of the preceding section shall be 
fined five dollars for each fish so taken or 
caught. 

Sec. 8. A person Avho takes or catches 
from the water of said Lake Bomoseen a 
pike or [)ickerel less than fifteen inclies in 
length, shall immediately return the same 
with the least possible injury, to the waters 
from which it was taken or caught. 



48 

Sec. 4. Any person who violates the 
provisions of the preceding section shall be 
fined ten dollars for each fish so taken or 
caught and not returned, one-half thereof 
to go to the prosecutor, and one-half to the 
State. 

Sec. 5. This act shall take effect from 
its passage. 

Approved November 24, 1896. 

NUMBER 181. 

AX ACT TO PROimUT THE TOLLUTIOX OF THE 
AV^ATERS OF SLEEPEK's RIVER AND ITS 
TRIBUTARIES. 

It is herebt/ euactad by the General Assetn- 
Jthj of the State of Venno/it : 

Sec. 1. Xo dj^e stufi:, coal tar, sawdust, 
shavings, tan bark, lime or other deleteri- 
ous or poisonous substance destructive to 
fish, shall be thrown or allowed to run into 
any of the waters of Sleeper's River, or 
any of the waters of any streams tributary 
to Sleeper's River, from the sources of said 
river and its tri])utaries to the dam of the 
United States Fish Commission at Cliicker- 
ing Prills, in the town of St. Johnsbury, 
Vermont. Whoever shall violate or at- 



49 

tempt to violate the provisions of this sec- 
tion shall pay a fine of fifty dollars for 
each offense. 

Sec. 2. This shall not affect mills that 
were in operation at the time the United 
States government located the fish hatchery 
at St. Johnsbiiry. 

Approved November 24, 1896. 

NUMBER 99, Acts of 1898. 

AX ACT PROVIDINti FOR THE CLOSING OF 
CERTAIX STREAMS ADAPTED TO CULTI- 
VATION OF FISH. 

It is Jierehij enacted bjf the Genend A.sseni- 
hlij of the State of Vertnont'. 

Sec. 1. The fish and game Commission- 
ers, may, by agreement with the ow^ners of 
lands through which private streams, not 
boatable, flow, close said streams, or any 
l^art thereof, for the cultivation of fish 
therein for the benefit of the State. The 
waters to which this section refers shall 
include only those streams, or parts thereof, 
where the commissioners judge fish are not 
likely to exceed six inches in length, and 
which do not flow into, or connect directly 
with posted waters, or private preserves. 



50 



Sec. 2. The fish and game commission- 
ers may at any time, at the expense of the 
State, introduce trout, salmon and other 
good varieties of fisli into the streams 
closed, according to tlie provisions of this 
act. 

Sec 8. Towns liavhig streams within 
their limits of the kind specified in section 
1 of this act, may at any regular town 
meeting, upon due notice being given in 
the warning of such meeting, vote as to 
what, if any streams or parts thereof, they 
would have closed as provided in this act, 
and may also vote at such meetings as to 
the kind of fish mentioned in the preceding 
section, they would have introduced into 
such streams. When any town has voted 
as above provided, it shall be the duty of 
the clerk of such town to notify the fish 
and game commissioners of the fact, giving 
a description of the streams, or parts there- 
of to be closed, and the kind of fish to be 
placed therein, provided the town has 
voted in this regard. It shall be the duty 
of the commissioners, upon receiving such 
notice, to close such streams or parts there- 
of, as are specified in said notice, and so far 
as they are able to stock the same, if so 



61 



required, with such fish as are designated, 
pursuant to the provisions of this act, pro- 
vided the streams specified are found by 
said commissioners to be adapted to the 
successful cultivation of fish of the kind 
specified, and can by them be closed accord- 
ing to the provisions of this act. 

8 EC. 4. When the fish and game com- 
missioners close any stream or part thereof, 
as provided in this act, they shall give 
notice to that effect by posting notices and 
by publication of the same as is provided 
in section four thousand five hundred and 
sixty-eight of the Vermont Statutes. Fish- 
ing in such waters thereafter shall at all 
times be forbidden ; and if a pei'son fishes 
or attempts to fish in such waters, he shall 
be fined "fifty dollars," if prosecution is 
commenced within six months after the 
oft'ense is committed. 

Sec. 5. Waters closed as herein pro- 
vided, and streams into which such waters 
empty, and all Avaters of streams closed in 
part under this act, whether above or be- 
low the parts closed, shall not thereafter be 
made posted waters. 

Sec. 6. Streams closed as herein pro- 
vided, shall be under the management and 



52 



control of the fish and game commissioners 
for the purpose of carrying oat the pro- 
visions of this act, and they may at any 
time, and in such manner as may ])e most 
convenient, take hsli therefrom for pur- 
poses of propagation, dissemination or 
science. 'I'hey are authorized to receive 
from the proprietors of such sti'eams, in 
the name of the State, such deeds and writ- 
ings as are necessary to mal<e effective the 
provisions of this act. 

Sec. 7. This act shall uot prevent the 
fish and game connnissi oners from stock- 
ing and posting streams as is now provided 
in chapter one hundred and eighty -nine of 
the Vermont Statutes. They may also 
close any stieam or part thereof, as pro- 
vided in this act, which has been heretofore 
or may he hereafter stocked and posted, as 
provided in said chapter, by posting notices 
to that effect and by [)ublication of the 
same as is provided by section four, and by 
removing the notices posted pursuant to 
chapter one hundred and eighty-nine. Such 
waters shall thereafter be subject to the 
provisions of this act, and shall cease to l>e 
public waters as defined in said chapter. 

Sec. 8. This act shall constitute a part 



53 

of chapter 189 of the Vermont Statutes, 
and shall be subject to the provisions of 
said chapter, so far as the same are not in- 
consistent with this act. 

Approved November 'J6, 1898. 



NUMBER 108. 



AN ACT TO PROTECT THE STATE IN THE DIS- 
TRIBUTION OF FISH. 

It is lierelni enacted by tlie iieneral Asseni- 
bly of the State of \Whiont. 

Sec. 1. Any ijerson making application 
for, or receiving' from the tish and game 
commissioners, tish fry or flngerlings, for 
distribution in the waters of this State, 
who willfully or intentionally deceives said 
commissioners in regard to the use to be 
made of said fish, or makes other use of the 
same than is represented in the application 
therefor, oi* prescribed by said commission- 
ers, shall be lined fifty dollars. 

Sec. 2. This act shall constitute a part 
of chapter one hundred and eighty-nine of 
the A'ermont Statutes, and shall be subject 
to the provisions of said chapter so far as 
the same are not inconsistent with this act. 



54 

Sec. 3. This act shall take effect from 
its passage. 

Approved Nov. 21, 1898. 

NUMBER 106. 

AX ACT FORBIDDING THE Hl'XTIXG OR SHOOT- 
IXG OF WILD DICKS AXD GEESE BETWEEX 
THE HOURS OF SEVEX IN THE EVEXIXii OF 
OXE DAY AXD FIVE IX THE .M()RXIX<4 OF 
THE FOLLOWING DAY. 

It is herehy enacted hy the General Assem- 
bly of tlie State of Vermont: 

Sec. 1. No person shall at any time 
hunt or shoot any wild duck or wild goose 
while on their feeding grounds, between 
the hour of seven in the evening of one day 
and the hour of live in the morning of the 
following day. xVny person violating this 
section shall be lined ten dollars. 

Sec. 2. This act shall constitute a part 
of chapter one hundred and eighty-nine of 
the Vermont Statutes, and shall be subject 
to the provisions of said chapter so far as 
the same are not inconsistent with this act. 

Sec. 3. This act shall take effect from 
its passage. 

Approved November 19, 1898. 



55 

NUMBER 107. 

AX ACT IX RELATIOX TO THE TRAPPIXG OF 
C'KKTAIX FUR-BEARING ANi:NrALS. 

It is lievfhy enacted hy the General Assem- 
hhj (if the State of Vennont: 

Sec. 1. Any person engaged in trap- 
ping foxes, mink, musk rats, raccoons, 
beaver or fisher shall visit his traps at 
least once in every forty-eight hours. Any 
person who may violate the provisions of 
this act shall be fined five dollars. 

Sec. '1. This act shall constitute a ])art 
of chapter one hundred and eighty-nine of 
the Vermont Statutes, and shall be subject 
to the provisions of said chapter so far as 
the same are not inconsistent with this act. 

Sec. o. This act shall take eft^^ect from 
its ])assage. 

Approved November 19, 1898. 

NUMBER 109. 

AN A<'T IN RELATIOX TO DEER IX PARKS OR 
ENCLOSURES. 

It is herehy enacted hy the (ieneral Asseni- 
hly of the State of Vermont: 

Sec. 1. Any person owning or having 
deer confined in any park or enclosure 



. 56 

other than wild deer that have been cap- 
tured within this State and confined, may 
kill, sell or dispose of the same as he sees 
fit. 

-Sec. 2. This act shall take ett'ect from 
its passage. 

Approved November 22, 1898. 

No. 110, AS AMENDED liY No. 71, ACTS 1902. 

AN ACT granting; BOUNTIES ON CERTAIN 
NOXIOUS ANIMALS. 

It is hereby enacted Jnf the Uetteral A.s.^ettt- 
hly of the St(fte of VennoHt : 

Sec. 1. If a person takes and kills any 
of the following noxious animals, he shall 
receive from the state treasurer the boun- 
ties herein specified, on complying with the 
conditions hereinafter prescribed : For a 
wolf, panther or bear, twelve dollars ; for a 
lynx, five dollars; for a fox, seventy-five 
cents ; for a rattlesnake, one dollar ; for a 
hedgehog, thirty cents. 

Sec. 2. If a person kills a wolf, panther, 
bear, lynx, fox, rattlesnake or hedgehog, he 
shall within thirty days after the killing 
thereof, apply to the clerk of the town in 
which he resides and present to liim the 



57 



skin of such wolf, panther, bear, lynx or 
fox or rattle of such shake or head of such 
hedgehog", and the town clerk shall exam- 
ine each person under oath, and if satisfied 
that such animal or snake was killed or 
taken in the state, he shall give the person 
a certiticate thereof in the form })rescribed 
by the state auditor. 

Sec. 3. When such certificate is given, 
the town clerk shall in the case of a wolf, 
panther, bear, lynx or fox, mark such skin by 
puncliing a hole in the left ear thereof, sufti- 
ciently large to clearly identify such pelt, in 
the case of a rattlesnake take and destroy the 
rattle and in case of a hedgehog take and 
destroy the head and shall receive from the 
person to whom such certificate is granted 
ten cents. The person receiving such cer- 
tificate shall present it endoised by him, to 
the treasurer of the town where he resides, 
who shall pay the same. Such town treas- 
urer shall, on the first day of May annually, 
present the certificates paid by him to the 
state auditor, who shall draw liis order on 
the state treasurer for the amount payable 
to such town treasurer. The town clerk 
shall keep a record of all certificates issued 
in a book used only for that purpose. 



58 



Sec. 4. If the person killing any such 
noxious animal lives in an unorganized town 
or gore, he may apply to the clerk of an ad- 
joining town, who shall grant such certifi- 
cate Jis if such person was a resident of that 
town. 

Se( . 5. If a person obtains from a town 
clerk a certificate by false, fraudulent or 
deceitful practices and l)ad faith, he shall he 
fined fifty dollars. 

Se'". 6. If a person takes a wolf, pan- 
ther, ])ear, lynx, fox or hedgehog out of a 
trap, intending thereljy to defraud the 
owner of such trap of his l)Ounty, he shall 
})ay to the owner of such trap, in addition 
to actual damages, thirty dollars for each 
wolf or panther, tAventy dollars for each 
hear, ten dollars for each lynx, and three 
dollars for each fox or hedgehog so taken 
out, to be recovered in an action on the case. 

The act of 1902 took elt'ect from its pas- 
sage. 

Approved Noveml)er 17, 1898. 



NUMBER 77, Acts of 1900. 



AN ACT RELATING TO THE TAKING OF FTSH 
FROM PRIVATE PONDS AND STREAMS. 



59 

It is hereby enacted by the General Assem- 
bly of the State of Vermont : 

Sec. 1. Any person having artificially 
constructed fish ponds on his own premises, 
stocked at his own expense with trout or 
other fish artificially hatched or reared, may 
take fish fi'om said pond as and when he 
pleases for purposes of propagation or con- 
sumption on the premises of the owner. 

Sec. '2. For the purpose of this act it is 
understood that an artificially constructed 
pond does not have reference to a pond 
made by damming a stream through which 
trout or other protected varieties of fish 
inhabiting said streams have access to said 
pond. 

Se«'. 3. Ponds constructed on natural 
streams may be screened by the owners, 
providing said owners own the stream from 
its source to the outlet of the pond which 
it is proposed to screen. 

Sec. 4. This act shall take eft'ect from 
its passage. 

Approved November 27, 1900. 

NUMBER 78. 

AN ACT TO PERMIT THJi TAKING OF WHITE 
FISH IN CERTAIN WATERS. 



GO 

It is hereby enacted by the General Assem- 
bly of the State of Vermont: 

Se<'. 1. The fish and game commission- 
ers may issue licenses to residents of this 
State to fisli witli nets for white fish in any 
waters of the State inlial)ited by said fish 
during the month of November in each 
year. 

Sec. *2. The commissioners shall make 
such regulations and restrictions in regard 
to fishing under license as provided for 
seine fishing in Lake CHiamplain under sec- 
tions 4602, 4608, 4604, 4605, 4606, 4607 and 
4608 of Chapter 189 of the Vermont Sta- 
tutes. 

Approved November 27, 1900. 

NUMBER 79, As Amended by No. 92, Acts 1902. 

AN ACT TO RKCUTLATE THE CATiJUINO OF 
STUK(iEO!Sr, AND A:SIENDING SECTION 459o 
OF THE VERMONT STATUTES. 

It is hereby enacted by the General Assern- 
bly of the State of ]^ermont : 

Sec. 1. Repealed. 

Sec. 2. See section 4593. 

Sec. 3. The fish and game commission- 



61 

ers shall issue permits to parties residing in 
this State to fish in Laiie Champlain with 
nets of not less than eleven-inch stretched 
meshes for sturgeon. Such permits shall 
license the holders thereof to fish for one 
year from the date of the issuing of the 
same at such times in said year, other than 
during said close season, and at such points 
as the said connnissioners shall in said per- 
mits designate. In the granting of said 
permits, said commissioners shall have the 
same authority that is given them in the 
granting of seine licenses ; and said licenses 
shall be liable to all the provisions that re- 
late to seine permits issued under the pro- 
visions of Chapter ISO of tlie Vermont 
Statutes. 

Sec. 4. All acts and parts of acts 
inconsistent with the provisions of this act 
are hereby repealed. 

Approved November 13, 1900. 

NUMBER 82. 

AN ACT TO PROTECT AND BirROVE THE 
FISHING IN LAKE 310REY. 

It is hereby emitted by the General As- 
se)nbly of the fStdte of Vermont: 

Sec. 1. No person shall take or catch, 



62 



or have in his possession any fish taken or 
caught in Lake Morey and Lake Fairlee or 
its tributaries, in the town of Fairlee, Ver- 
mont, between the 15th clay of October in 
each year, and the 15th day of May in the 
following year. 

Sec. 2. A person who violates the pro- 
visions of the preceding section shall be 
fined ten dollars for each fish so taken, 
caught or possessed. 

8e<;. 3. If a person is found on the 
waters of said Lake Morey and Lake Fair- 
lee, or shores thereof, or on the waters or 
shores of any of the tributaries of said lake, 
knowingly having in his possession, or under 
his control, a pound-net, trap-net, seine, gill- 
net, set-net, fyke, fishing otter, trawl, spear, 
jack, jack-light, or any electrical device for 
killing 01 stunning fish, or any other appli- 
ances, instrument or devices for taking fish, 
the use of which in taking fish is prohibited 
by law, he shall be fined not exceeding one 
hundred dollars, nor less than fifty dollars, 
or imprisoned not more than thirty days, or 
both. 

Sec. 4. If a person use, or have in his 
possession with intent to use, or furnish for 
use, for fishing in said Lake Morey and 



63 

Lake Fairlee, a pound net, trap-net, seine, 
gill-net, set-net, fyke, fishing otter, trawl, 
spear, jack, jack-light, or any electrical de- 
vice for killing or stunning fish, or any 
other appliance, instrument or device for 
taking fish, the use of which in taking fish 
is prohibited by law, he shall be fined one 
hundred dollars. 

Sec. 5. If a person takes or catches, or 
attempts to take or catch fish through the 
ice on said Lake Morey and Lake Fairlee, 
or its tributaries, or shoots or attempts to 
shoot any fish in said lake or its tributaries, 
he shall be fined not exceeding one hun- 
dred dollars, nor less than fifty dollars, or 
imprisoned not more than thirty days or 

both. , „ 

Sec. 6. Nothing in this act shall pro- 
hibit the use of small nets, known as land- 
ing nets, in the ordinary and proper manner. 
Se(\ 7. In prosecutions undei- this act 
the prosecutor shall receive one-half the 
fine, and the remainder of the fine shall go 

to the State. 

Sec. 8. Justices shall have concurrent 
jurisdiction with the county court of oft'enses 
under the foregoing sections, and costs 
shall be taxed against the respondent. 

Approved November 27, 1900. 



64 
NUMBER 84. 

AX ACT MAKING STANDING POND A PRIVATE 
PRESERVE. 

It is hereby ettacted hy the General Assem- 
bly of the State of Vennont : 

Sec. 1. Standing Pond in the town of 
Sharon, is hereby made a private preserve 
and the owners thereof, when improve- 
ments, that meet with tlie approval of 
the fish commissioners have been made, 
may prohibit fishing therein by posting no- 
tices to that effect conspicuonsly upon the 
banks thereof, and if a person fishes or at- 
tempts to fish in said pond after it has 
been so posted, he shall forfeit ten dollars 
to the owners thereof, with the costs of 
prosecution. 

Sec. 2. This act shall take ettect from 
its passage. 

Approved November 27, 1900. 

NUMBER 85. 

AN ACT TO PROTECT REAVERS AND AMEND- 
ING SECTION 4611 OF THE VERMONT STA- 
TUTES. 

It is hereby enacted by the General Assem- 
bly of the State of Verntont : 



65 

Sec. 1. Section 4611 of the Vermont 
Statutes is hereby amended so as to read as 
follows : 

If a person kills, catches or destroys a 
beaver in this State, or has in his posses- 
sion a beaver killed, caught or destroyed in 
this State, he shall be fined twenty dollars. 

Sec. ± This act shall take effect from 
its passage. 

Approved November 18, 1900. 

NUMBER 121. 

an act to prevent the pollution and 
obstruction of the avaters of wil- 
lou(;hby lake in westmore. 

It is herebt/ enacted by the General Assetn- 
hlij of t/ie iState of Vermont: 

Sec. 1. If a person puts or causes to be 
put brush, trees or other substance danger- 
ous to navigation, excepting timber and 
lumber, into or upon the banks of Lake 
Willoughby in the town of Westmore, or 
into or upon the banks of streams running 
into said lake, so that it is drawn or washed 
into the same,- and suffers it to remain 
therein more than seventy-two hours, he 
shall be fined not more than thirty, nor less 
than five dollars. 



66 



Sec. 2. This act shall not apply to 
vvhai'ves, foundations for boat houses, nor 
cribs or breakwaters constructed for the 
protection of buildings and other property. 

Sec. 8. Justices of the peace shall have 
concurrent jurisdiction with the county 
court of offenses under the foregoing sec- 
tions. 

Sec. 4. Any person suffering damage 
by reason of the violation of the foregoing- 
sections, may recover of the person so of- 
fending full damages, with costs of suit, in 
an action on the case founded on this act. 

Sec 5. This act shall take ett'ect from 
its passage. 

iVpproved November 22, 1900. 



NUMBER 128. 



AN ACT FOR THE MAINTENANCE OF THE 
FISH HATCHERY. 

It U hereby enacted hi/ the General As- 
sembly of the fState of Vennont: 

Sec;. 1. The sum of three thousand dol- 
lars for the year 1901, and two thousand 
dollars annually thereafter, is hereby annu- 
ally appropriated for the purpose of main- 
taining and further equipping the fish 



67 

hatchery, authorized and established by act 
number 57 of the laws of 1890. 

Sec. 2. Debts shall not be contracted or 
habilities incurred in excess of the appropri- 
ation jirovided for in section 1 of this act, 
and all vouchers shall be approved by the 
State auditor before orders shall be drawn 
on the State Treasurer in payment thereof. 
All such orders shall be drawn in the name 
of the superintendent of said hatchery, 
whose services and expenses as superinten- 
dent shall be paid out of this appropriation; 
and a separate account shall be kejjt by the 
State Auditor of all expenditures on ac- 
count of said hatchery. 

Sec. 3. See section 4563. 

Sec. 4. This act shall take effect from 
its passage. 

Approved November 19, 1900. 

NU31BEK 129. 

AX ACT TO PROVIDE FOR THE CONSTRUCTION, 
E(,^UIPMEN1^ AND MAINTENANCE OF A FISH- 
HATCHERY AT OR NEAR THE VILLAGE OF 
S WANTON, VT. 

It y'.s' herebi/ enacted by the General As- 
sonhlij of the State of Ver)njynt: 

Sec 1. The sum of fifteen hundred dol- 



68 



lars is hereby appropriated for tlie erection 
and equipment of a fish hatchery at or near 
the village of Swanton, Vt., for the purpose 
of propagating and distributing pike, perch, 
white fish and sturgeon. 

8ec. 2. Within one month after the pas- 
sage of this act and biennially thereafter, 
the Governor shall appoint an additional 
lish commissioner, who shall have the con- 
trol and direction of the construction, 
equipment and operation of said hatchery, 
and the selection of the site for the same. 

Sec o. Said commissioner shall not con- 
tract debts or incur obligations in excess of 
the sum of fifteen hundred dollars in the 
construction and equipment of said hatch- 
ery. All vouchers for the same shall be 
approved by the State Auditor before 
orders shall be drawn on the State Treasu- 
rer in payment thereof. 
. Sec. 4. See section 4604. 

Sec 5. I'or the purpose of maintaining 
and operating said fish hatchery the com- 
missioner who shall have charge of the 
hatchery at Swanton may expend the 
money paid to the State Treasurer for 
licenses to fish with seines on the shores of 
Lake Champlain, but the expense of main- 



69 

taining and operating said hatchery shall 
at no time exceed the money in the treasury 
from such licenses. 

Sec. 6. Said commissioner is herehy em- 
powered to make all rules and regulations 
respecting the distribution of the product of 
the hatchery. 

Sec. 7. This act shall take effect from 
its passage. 

Approved November 27, 19U0. 

ACTS OF 1902. 

NUMBER 93. 

AN ACT TO PREVENT THE POLLUTION OF THE 
WATERS OF BLACK RIVER IN ORLEANS 
COUNTY. 

It is herehy enacted by the General As- 
semhly of the IState of V^ermont : 

Sec. 1. If a person puts, or causes to be 
put, sawdust into or upon the banks of 
Black Iliver, in the county of Orleans, or 
into or upon the banks of streams running 
into said Black River, so that it is drawn 
or washed into the same, he shall be fined 
not more than fifty dollars. 

Sec. 2. Justices of the peace shall have 







concurrent jurisdiction with the county 
court on all offenses under this act. 
Approved Decenil)er 12, 1902. 

NUMBER 94. 

AN ACT REGULATIXO THE FISHIXCJ IN <'AS1MAN 
LAKE IN GREENSr.oRO. 

It is henhy enacted hi/ the General Assent- 
hltj of tlie fSt<(te of VerriKmt : 

Sec. 1. Angling in the waters of Cas- 
pian Lake, in the town of (Ti'eensljoro, is 
hereby defined to be taking fish with one 
hook and one line held in hand or attached 
to pole ; provided, however, that more than 
one hook may be used in trolling. 

Sec. 2. No person shall take or catch or 
have in his possession any fish taken or 
caught in Lake Caspian, in the town of 
Greensboro, between the fifteenth day of 
August in each year and the first day of 
May in the following year. 

Sec. 3. No person shall take from the 
waters of said Caspian Lake more than 
fifteen pounds of fish in any one day, pro- 
vided, however, that the taking of one fish 
additional, having less than lifteen pounds 
when taken, shall not l)e regarded as a vio- 
lation of the law. 



Sec. 4. No person shall take trout, lake 
trout, land locked salmon or salmon trout 
from the waters of said Caspian Lake with 
intent to sell the same. 

Sec. 5. It shall be unlawful for any per- 
son to sell or offer for sale fish taken from 
the waters of said Caspian Lake in viola- 
tion of the provisions of section tVmr of 
this act. 

Sec. 6. Any person violating the pro- 
visions of the four preceding sections shall 
be fined for each offense ten dolhirs with 
costs of prosecution. 

Sec. 7. This act shall take effect from 
its passage. 

Approved Dec. 12, 1902. 

NLTMBER 95. 

AN ATT RELATINCi TO FISHINd IN LAKE 
CHAMPLAIN. 

It is herehy enacted hi/ the Getteral As- 
setnhly of the State of Verrnont : 

Sec. 1. All existing statutes restricting 
the fishing with hook and line in Lake 
Champlain at any season of the year are 
hereby repealed. 

Sec- 2. This act shall take effect from 
its passage. 

Approved December 12, 1902. 



72 

NUMBER 96. 

an act for the protection of fish in 
joe's pond. 

It is Jterehy enacted hy the General As- 
sembly of the State of Vermont: 

Sec. 1. No person shall take or catch, 
or have in his possession any fish taken or 
caught in either of three ponds known as 
Joe's Pond or the tributaries thereof in the 
towns of Danville, Cabot and Walden, l)e- 
tween the first day of November and the 
first day of May following. 

Sec 2. No person shall spear any fish 
in either of the three ^ponds known as 
Joe's Pond in the towns of Danville, Cabot 
and Walden, or have in his possession any 
fish that have been speared in said pond. 
If any person is found on the waters of 
Joe's Pond or the shore thereof in the 
towns of Danville, Cabot or Walden with 
spear, jack or jack light, he shall be fined 
not more than one hundred dollars or less 
than fifty dollars. 

Sec. 3. No person shall take or catch 
any fish in either of the two ponds known 
as the small ponds adjacent to Joe's Pond 



73 



or the brook leading from said small ponds 
to Joe's Pond. 

Sec. 4. Any person violating any of the 
provisions of the preceding sections shall 
be fined live dollars for each tish taken or 
caught or in his possession. 

Sec. 5. In prosecutions under this act 
the prosecutor shall receive one-half the 
fine and the remainder shall go to the 
state. 

Sec. 6. This act shall take effect from 
its i)assage. 



NUMBER 97. 



AN ACT PROHIBITING THE DRAAVING OF 
SEINES IN MALLETS KAY. 

It is hereby/ enacted by the General Assejn- 
hly of the /State of Vermont: 

Sec. 1. No person or persons shall take 
or catch any fish with a seine in Mallets 
Bay, in the town of Colchester, or in any 
of the waters lying between the Sandbar 
bridge on the north, which connects the 
towns of South Hero and Milton, and the 
Rutland-Canadian railroad bridge, on the 
south and west, which connects the towns 
of South Hero and Colchester. 



Sec. 2. Any iDerson or persons who vio- 
late the provisions of the preceding section 
shall be fined five dollars for each fish so 
taken or caught. 

Sec. 3. All acts oi* parts of acts incon- 
sistent herewith heretofore enacted, so far 
as relating to the above mentioned waters, 
are hereby repealed. 

Skc. 4. This act shall take eft'ect Janu- 
ary 1, 1908. 

Approved Dec. 8, 1902. 

NUMHEM 9S. 

AN ACT TO PROTECT THE PTSH IIV SILVER 
LAKE IX THE TOAVN OF FRANKLIN. 

It is lierehy enacted by the General Assem- 
hly of the State of Vermont: 

Sec 1. No person shall take, catch, or 
have in his possession any fish taken or 
caught in Silver Lake, so-called, in the 
town of Franklin, between the first day of 
October and the twentieth day of June fol- 
lowing. 

Se^. 2. No person shall take, catch or 
kill any fish in said Silver Lake by the use 
of any spear, net, gun, snare, or by the use 
of dynamite, powder or othei* explosive subs- 



75 

stance, or by the use of lime or any other 
chemical or drug. 

SEf;. 3. Any person violating the pio- 
visions of section one of this act shall be 
fined not less than ten dollars, and not 
more than one hundred dollars. 

Sec. 4. Any person violating the pro- 
visions of section two of this act, or found 
upon said Silver T^ake or upon the shores 
thereof in possession of any spear, net, 
snare, explosive substance or chemical, with 
the intent, to use the same in violation of 
this act, shall be fined as above provided. 

Sec. 5. This act shall take eft'ect from 
its passage. 

Approved November 21, 1902. 



NUMBER 99. 



AN ACT TO PROTECT THE WATERS OF SLEEPER 
RIVER ABOVE THE l-XITED STATES FISH 
HAT«JHERY IX ST. .lOHNSP.URY FROM POL- 
LUTION. 

It is hereby enacted by tlie General As- 
sembly (if the State of Vermont: 

Sec. 1. No person shall discharge or 
allow to be discharged saw-dust, mi 11- waste, 
or other matter injurious to fish culture, 



into the waters of Sleeper River or any 
of its tributaries, above the United States 
fish hatcliery in St. Jolinsbury, Vermont. 

Sec. 2. Any person violating section 
one of this act shall be fined not more than 
ten dollars for each offense. 

Approved December 12, 1902. 



NUMBER 100. 



AN ACT TO PREVENT THE POLLUTION OF THE 
AVATERS OF TYLER BRANCH, SO-CALLED, IN 
THE TOWN OF BAKERSFIELD. 



ssem- 



It is herehy enacted hy the General At 
hly of the State of Vermont. 

Sec. 1. If a person puts or causes to be 
put saw-dust, shavings or mill refuse into 
or upon the banks of Tyler branch, so-called, 
in the town of Bakersfteld, or any of its 
tributaries, he shall be fined not more than 
fifty dollars nor less than five dollars. 

Sec. 2. This act shall take effect from 
its passage. 

Approved December 12, 1902. 



i i 

NUMBER 102. 

AN ACT TO PREVENT THE POLLUTION OF THE 
WATERS OF AVILLOUGHBY LAKE IN AVEST- 
MORE. 

It is hereby enacted by the General Assem- 
bly of the State of Vermont : 

Sec. 1. If a person puts or causes to be 
put saw-dust into or upon the banks of 
Lake Willoughby, Long Pond or the stream 
running from the same to Lake Willough- 
by in the town of Westmore, or into or 
upon the banks of streams running into 
said lake, so as to be drawn or washed into 
the same, he shall be fined not more than 
fifty dollars. 

Sec. 2. Justices of the peace shall have 
concurrent jurisdiction with the county 
court of offenses under this act. 

Approved December 12, 1902. 

NUMBER lOa. 

AN ACT TO ABOLISH THE FISH HATCHERY AT 
OR NEAR THE VILLAGE OF SWANTON. 

It is hereby enacted by the General Assem- 
bly of the State of Vermont : 

Sec. 1. The state fish hatchery erected 



78 



and equipped at or near the village of 
Swan ton, Vermont, under the provisions of 
number 129 of the laws of 1900, is hereby 
discontinued and abolished. 

Sec. 2. The fish and game commissio- 
ners are hereby authorized to either let or 
sell said property, as in their judgment 
seems best, the avails thereof to be paid to 
the state treasurer. And the moneys re- 
ceived for licenses for seine fishing in Lake 
Champlain shall be available for use by 
the said commissioners for prosecutions for 
violations of the fish and game laws and 
may be paid to them therefor by the 
state treasurer upon order of the state 
auditor. 

Sec. 3. This act shall take effect only 
upon condition that the United States shall 
erect and equip a hatchery at or near the 
village of Swanton, Vermont, for the pur- 
poses named in number 129 of the acts of 
1900, or lease or purchase the hatchery noAV 
located in said town. 

Sec. 4. All acts and parts of acts incon- 
sistent herewith are hereby repealed. 

Approved December 12, 1902. 



NUMBER 104. 



AN ACT IN AMENDMENT OF NUMBER 129 OF 
THE ACTS OF 1900, ENTITLED "AN ACT TO 
PROVIDE FOR THE CONSTRUCTION, EQUIP- 
MENT AND MAINTENANCE OF A FISH HATCH- 
ERY, AT OR NEAR THE VILLAGE OF SWAN- 
TON, VERMONT." 

It is hereby e7iacted by the General Assem- 
bly of the State of Vermont: 

Sec. 1. Sections 2 and 3 of Act No. 129 
of the acts of 1900 are hereby repealed. 

Sec. 2. Sections 5 and 6 of said act are 
hereby amended so as to read as follows : 

Sec. 5. For the purpose of maintaining 
and operating- said fish hatchery, the fish 
and game commissioners may expend the 
money paid to the state treasurer for li- 
censes to fish with seines on the shores of 
Lake Champlain but the expense of main- 
taining and operating said hatchery shall 
at no time exceed the money in the treas- 
ury from such licenses. 

Sec. 6. Said commissioners are hereby 
empowered to make all rules and regula- 
tions for the distribution of the product of 
the hatchery. 

Sec. 3. This act shall take effect from 



80 

the leasing or purchasing of tlie Swanton 
fish hatchery by the United States govern- 
ment as now provided by law. 
Approved December 12, 1902. 

NUMBER 105. 

AN ACT TO AUTHORIZE THE FISH AND GAME 
COMMISSIONERS TO SELL TROUT FRY AND 
TROUT FINGERLINGS, 

It is lierehy enacted bij the General Assem- 
bly of the State of Vermont : 

Sec. 1. The fish and game commission- 
ers are hereby authorized to sell trout fry 
and trout fingerlings to residents of this 
state for the purpose of stocking waters 
within this state as provided under section 
4626 of Vermont Statutes as amended by 
number 101 of the acts of 1898, at a price 
sufficient to cover the cost thereof and a 
reasonable profit thereon. 

Sec. 2. The fish and game commissio- 
ners shall receive payment for all trout 
fry and fingerlings so sold, and shall keep 
an itemized account thereof; and shall 
make report thereof in the same manner 
and at the same time as they now report. 

Sec. 3. The fish and game commissio- 



81 



ners shall use such money so received in 
hatching and rearing of trout for private 
fsale and public distribution. 

Sec. 4. This act shall take effect from 
its passage. 

Approved December 12, 1902. 



NUMBER 106. 



AN ACT REGULATING THE KILLING AND 
SHOOTING OF GAME BIRDS AND GRAY 
SQUIRRELS. 

It is herebt/ enacted bt/ the General Assetn- 
hly of the State of Venn out : 

Sec. 1. All persons living without the 
state are hereby restricted from killing or 
having in their possession at any time any 
game bird for which there is a close season, 
except for the consumption as food within 
the state and under such restrictions as 
those of the people residing in the state. 

Sec. 2. No more than five gray squir- 
rels shall be taken by any one person in a 
single day and then only for consumption 
as food Vithin this state. 

Sec. 3. Any person violating any pro- 
vision of this act shall be fined ten dollars 
for each offense. 



82 



Se(-. 4. All acts or parts of acts con- 
trary to this act are hereby repealed. 

Sec. 5. This act shall take effect from 
its passage. 

Approved Nov. 21, 1902. 



Ho 



INDEX 



Page, 

Acts of 1896 37 

Acts of 1 898 4 1 

Acts of 1900 58 

Acts of 1 902 69 

Additional Fish Commissioners 68 
Appointm.ent of F. & G. Commissioners 

vSec. 4563 page 10, vSec. 4572 14 

Appropriation for Roxbury Hatchcr)'^ 66 

Appropriation for Swanton Hatchery 68 

Artificial Ponds 58 
Arrest, violations, seiznre, tine, etc., Sec. 

4572, 4574. 4575. 4576 14. 15 and 16 

Bear, Bounty on 56 

Bear Traps to be guarded. Sec. 4628 36 
Beaver, Protection of. Sec. 4611 31 antl 64 

Black Bass, When to be taken. Sec 4579 18 
Bomoseen, Lake, Shooting Fish in. Sec. 

4580 19 and 47 

Bounties on noxious animals 56 

Caribou, Protection of 41 

Caspian Lake, Fishing in 70 

Champlain, Lake, Seining in. Sec. 46(xi 27 
Cham plain. Lake, Fishing rights. Sec. 

460J. Sec. 3 28 

Closing of certain streams to cultivate fish 49 
Cocculus ludicus. See India Coccle 

Common carrier, Rules for. Sec. 4623 34 

Crossing land. Sec^4598 26 



80 



Page. 

Deer in Parks 55 

Deer, Protection of 41 

Definitions 9 

Dogs, dogging deer forbidden 42 
Dogs for hunting deer, must not run at 

large 43 
Ducks, hunting after 5 p. m. or before 7 

A, M. forbidden 54 

Ducks, hunting with torch forbidden 45 

Eden Pond, Sec. 4581 19 

Eggs, Protection of, Sec. 4612 . 31 

English Snipe, Protection of. Sec. 4612 31 

Pyxplosives, Use of. Sec. 4585 20 

Exportation of Game Birds 45 

Extermination of destructive fish, 39 

Fairlee, Lake, protected 61 

Fines, Sec. 4575 15 

Fine for shooting wild birds. Sec. 4614 33 

Fish Hatchery, maintenance of 66 

Fish taken for certain pvirposes. Sec. 4569 ii 

Fish, When to be taken. Sec. 4577 16 

Fish Commissioner for Swanton 68 

Fish and Game Commissioners, Sec. 4563 to 
Fish and Game Commissioners, Powers 

and Duties, Sec. 4565 10 and 39 

Fish and Game Commissioners, Reports, 

Sec. 4566 II 

Fish and Game Commission, property of 38 
Fish and Game Wardens, appointment, 

Sec. 4570 13 

Fish and Game Wardens, instructions to 3 
Fish and Game Wardens, Right to open 

packages, Sec. 4576 16 



Page. 

Fishing prohibited, Sec. 4568 12 

Fishing through the ice 20 

Fox, bounty on 56 

Fur bearing animals 55 

Game, Protection of. Sec. 4610 31 

Game Birds, exportation of 45 
Game Birds, sale of. Sec. 4613 32 and 45 

Game Birds, additional protection 81 

Gray Squirrels, protected 81 
Hook and line fishing in Lake Champlain 

not restricted yi 

Illegal devices, Possession of. Sec. 4591 2^ 

India Coccle, Penalty for use, Sec. 4589 22 

Instructions to Wardens 3 

Joes Pond, Fishing in 72 
Justices to have concurrent jurisdiction. 

Sec. 4625 35 
Ivaws, Synopsis of Fish and Game 7 and 8 

lycnion Fair, Shooting fish in. Sec. 4580 19 

Ivicensee, Duties of. Sec. 4606 30 

licenses, fee for. Sec. 4603 29 

Licenses, fee to whom paid, Sec. 4604 29 

Licenses, for fishing, Sec. 4600 27 

Licenses, Fishing without. Sec. 4608 30 

Licenses, how restricted. Sec. 4602 29 
Licenses, Marking fish for market, Sec. 

4605 29 

License fees, 4604 amended 29 

License for taking sturgeon 61 

License for taking white fish 59 

Lynx, bounty on eg 

Marking fish for market. Sec. 4605 29 



88 



Page. 



Memphremagog, Lake, Fishing in, Sec. 

4600 27 

Memphremagog, Lake, Fishing rights, 

Sec. 4601, Sec. 3 28 

Minnows, Sec. 4593 23 

Missisquoi Bay, Seining in, Sec. 4600 27 

Moose, protection of 41 

Morey, Lake, protected 61 

Muskallonge, out of season, Sec. 4579 18 

Nets for minnows. Sec. 4593 23 

Nets, Use of various. Sec. 4594 23 

Noxious Animals 56 

Obstructing streams, Sec. 45^8 21 

Open season to be shortenecL when 40 

Panther, bounty on 56 

Partridge, See Ruffed Cirouse. 
Penalty for catching Muskallonge out of 

season, Sec. 4579 18 

Penalty for catching Muskallonge out of 

season. Sec. 4582 19 

Penalty for catching perch out of season. 

Sec. 4579 18 

Penalty for catching pickerel out of sea- 
son. Sec. 4582 19 
Penalty for catching white perch out of 

season. Sec. 4582 19 

Penalty for catching wall eyed pike out 

of season, Sec. 4579 18 

Penalty for deceiving Commissioners 

when applying for or receiving tish 53 

Penalty for defacing or destroying prop- 
erty 38 



89 

Page. 



Penalty for fishing in waters posted by 



the State 



49 



Penalty for fishing where prohibited, 

Sec. 4568 12 

Penalty for fishing through the ice, Sec, 

4584 20 

Penalty for fishing in posted waters, Sec. 

4596 25 

Penalty for fishing with other than hook 

and line, Sec. 4583 J9 

Penalty for fishing out of season, Sec. 

4577 16 

Penalty for fishing without licenses, Sec. 

4608 30 

Penalty for illegally fishing in Lakes 

Morey and Fairlec 61 

Penalty for introducing fish, except 

trout, etc. 39 

Penalty for killing beaver. Sec. 46J 1 31 

Penalty for killing fish in private pre- 
serves. Sec. 4596 25 and 59 
Penalty for killing game birds, Sec. 4612 31 
Penalty for obstructing streams. Sec. 4588 21 
Penalty for pollution of Sleeper's River 48 
Penalty for stocking waters of State, Sec. 

4590 22 

Penalty for possession of illegal devices, 

Sec. 4591 23 

Penalty for shutting off water. Sec. 4587 21 

Penalty for taking fish in Lake Bomo- 

seen 47 

Penalty for setting snares 44 

Penalty for use of explosives, Sec. 4585 20 



90 



Page. 

Penalty for use of India Coccle, Sec. 4589 22 
Penalty for use of various nets, Sec. 4592- 

4594 23 

Perch out of season, Sec. 4579 18 

Permits, Sec. 4600 27 

Permits for set lines, Sec. 4601 28 
Penalty for catching fish under six or ten 

inches, Sec. 4578 17 
Penalty for catching Black Bass, Wall- 
eyed Pike, White Perch and Mus- 

kalonge out of season, Sec. 4579 18 
Penalty for trespassing on posted fishing 

grounds, Sec. 4597 26 
I'heasant, protection of, Sec. 4612 31 
Pickerel or pike, shooting, Sec. 4586 20 
Pickerel, when not to be caught. Sec. 4581 19 
Pike perch. See wall eyed pike. 
Plover, protection of, Sec. 4612 31 
Pollution of Sleeper's River 48 and 75 
Pollution of Willoughby l^ake 65 
Pollution of Black River 69 
Pollution of Tyler Branch 76 
Ponds can be screened when 59 
Posted waters. Sec. 4596 25 
Posting waters, when allowed, Sec. 4597 26 
Powers and duties of the F. & G. Com- 
missioners, Sec. 4565 10 
Powers of Swanton Fish Commissioner 68 
Preservation of fish, game and birds 9 
Private posters, size of. Sec. 4627 36 
Private posting law, Sec. 4626 35 
Propert}^ in Fish and Game, Sec. 4624 34 



91 



Page. 
Protection of fish in Lake Bomoseen 19-47 
Public waters, Sec. 4567 11 
Oiiail protection, Sec. 4612 31 
Rattlesnake, bovmty on 56 
Removal of nets, etc., Sec. 4607 30 
Reports of the Fish and Game Commis- 
sioners, Sec. 4566 1 1 
Right to fish for purpose. Sec. 4569 12 
Ruffed grouse or partridge, protection, 

Sec. 4612 31 

Sale of Game Birds 45 

Sawdust or other deleterious stuff 48 and 75 

Screens, vuse of in artifiicial ponds 59 

Search warrants 37 
Seizure of illegal devices, vSec. 4584, Sec. 2 20 

Set line permits. Sec. 4601 28 

Seining prohibited in Malletts Bay 73 

Selling trout fry and fingerlings 80 

Shooting pickerel or pike. Sec. 4586 20 

Shutting off water, penalt}'^, Sec. 4587 20 

Six inch law, vSec. 4578 19 

Silver Lake, Fishing in 74 

Sleeper's River, pollution of 48 and 75 

Snaring, setting snares forbidden 44 
St. Catherine Lake, shooting fish in. Sec. 

4580 19 

Spring gun trap. Sec. 4629 36 

Standing Pond made private 64 

Stocking and closing streams 49 

Stocking waters. Sec. 4590 22 

Sturgeon nets, use of 61 

Swanton Hatchery 67 

Swanton Fish Hatchery abolished 77 and 79 



yj 



Page. 

Sym's Pond, Sec. 4581 19 
Term of office of Fish and Game Commis- 
sioners, Sec. 4571 13 
Tickelnaked Pond, Sec. 4581 19 
Towns to vote on closing streams 49 
Town Clerk, certificate for bounty on 

noxious animals 56 
Town Clerk, certificate for seizure of 

nets, Sec. 4594 23 
Town Clerk, to notify Commissioners of 

wardens appointed. Sec. 4571 13 

Transportation of deer. Sec. 4 41 

Transportation of game birds 45 

Trapping fur bearing animals 55 
Wall eyed pike, penalty for taking, Sec. 

4579 ^8 
Wardens, Fish and Game, appointment, 

Sec. 4570 13 
Wardens, Fish and Game, duties. Sec. 

4573-4574 14 and 15 

Wardens, Instructions to 3 
Wardens, Fish and Game, term of office, 

Sec. 4571 13 

Waters, What are public. Sec. 4567 11 

White fish under license, 59 

Wild duck, protection of. Sec, 4612 31 
Willoughby I^ake, pollution or obstruc- 
tion prohibited 65 and 77 

Wolf, bounty on 5^ 

Woodcock, protection of. Sec. 4612 31 

U. S. Fish Commission, property of 38 



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